
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3405(a)]
[CITE: 42USC257]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
             Part E--Narcotic Addicts and Other Drug Abusers
 
Sec. 257. Care and treatment of narcotic addicts


(a) Surgeon General authorized to provide programs

    The Surgeon General is authorized to provide for the confinement, 
care, protection, treatment, and discipline of persons addicted to the 
use of habit-forming narcotic drugs who are civilly committed to 
treatment under the Narcotic Addict Rehabilitation Act of 1966, addicts 
and other persons with drug abuse and drug dependence problems who 
voluntarily submit themselves for treatment, and addicts convicted of 
offenses against the United States, including persons convicted by 
general courts-martial and consular courts. Such care and treatment 
shall be provided at hospitals of the Service especially equipped for 
the accommodation of such patients or elsewhere where authorized under 
other provisions of law, and shall be designed to rehabilitate such 
persons, to restore them to health, and, where necessary, to train them 
to be self-supporting and self-reliant; but nothing in this section or 
in this part shall be construed to limit the authority of the Surgeon 
General under other provisions of law to provide for the conditional 
release of patients and for aftercare under supervision. In carrying out 
this subsection, the Secretary shall establish in each hospital and 
other appropriate medical facility of the Service a treatment and 
rehabilitation program for drug addicts and other persons with drug 
abuse and drug dependence problems who are in the area served by such 
hospital or other facility; except that the requirement of this sentence 
shall not apply in the case of any such hospital or other facility with 
respect to which the Secretary determines that there is not sufficient 
need for such a program in such hospital or other facility.

(b) Furnishing of information relating to persons voluntarily undergoing 
        care to Mayor of District of Columbia

    Upon the admittance to, and departure from, a hospital of the 
Service of a person who voluntarily submitted himself for treatment 
pursuant to the provisions of this section, and who at the time of his 
admittance to such hospital was a resident of the District of Columbia, 
the Surgeon General shall furnish to the Mayor of the District of 
Columbia or his designated agent, the name, address, and such other 
pertinent information as may be useful in the rehabilitation to society 
of such person.

(c) Agreements with other departments and agencies

    The Secretary may enter into agreements with the Secretary of 
Veterans Affairs, the Secretary of Defense, and the head of any other 
department or agency of the Government under which agreements hospitals 
and other appropriate medical facilities of the Service may be used in 
treatment and rehabilitation programs provided by such department or 
agency for drug addicts and other persons with drug abuse and other drug 
dependence problems who are in areas served by such hospitals or other 
facilities.

(July 1, 1944, ch. 373, title III, Sec. 341, 58 Stat. 698; May 8, 1954, 
ch. 195, Sec. 3, 68 Stat. 80; July 24, 1956, ch. 676, title III, 
Sec. 302(a), 70 Stat. 622; Pub. L. 89-793, title VI, Sec. 601, Nov. 8, 
1966, 80 Stat. 1449; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967 
(in part), 32 F.R. 11669, 81 Stat. 951; Pub. L. 91-513, title I, 
Sec. 2(a)(1), Oct. 27, 1970, 84 Stat. 1240; Pub. L. 92-255, title IV, 
Sec. 402, Mar. 21, 1972, 86 Stat. 77; Pub. L. 93-198, title IV, 
Sec. 421, Dec. 24, 1973, 87 Stat. 789; Pub. L. 98-473, title II, 
Sec. 232(a), Oct. 12, 1984, 98 Stat. 2031; Pub. L. 99-646, Sec. 22(a), 
Nov. 10, 1986, 100 Stat. 3597; Pub. L. 102-54, Sec. 13(q)(1)(B)(i), June 
13, 1991, 105 Stat. 278.)

                       References in Text

    The Narcotic Addict Rehabilitation Act of 1966, referred to in 
subsec. (a), is Pub. L. 89-793, titles I to IV, Nov. 8, 1966, 80 Stat. 
1438, as amended. Title I of the Act is classified generally to chapter 
175 (Sec. 2901 et seq.) of Title 28, Judiciary and Judicial Procedure. 
Title II of the Act is classified generally to chapter 314 (Sec. 4251 et 
seq.) of Title 18, Crimes and Criminal Procedure. Title III of the Act 
is classified generally to subchapter II (Sec. 3411 et seq.) of chapter 
42 of this title. Title IV of the Act is classified generally to 
subchapter III (Sec. 3441 et seq.) of chapter 42 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 3401 of this title and Tables.

                          Codification

    Section is also set out in D.C. Code, Sec. 24-613.


                               Amendments

    1991--Subsec. (c). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Administrator of Veterans' Affairs''.
    1986--Subsec. (a). Pub. L. 99-646 struck out ``and who are not 
sentenced to treatment under the Narcotic Addict Rehabilitation Act of 
1966'' before ``, including persons convicted''.
    1984--Subsec. (a). Pub. L. 98-473 struck out ``or convicted of 
offenses against the United States and sentenced to treatment'' after 
``committed to treatment'' and directed striking out of ``addicts who 
are committed to the custody of the Attorney General pursuant to 
provisions of the Federal Youth Corrections Act [18 U.S.C. 5005 et 
seq.],'', which amendment was executed by striking out ``addicts who are 
committed to the custody of the Attorney General pursuant to the 
provisions of the Federal Youth Corrections Act [18 U.S.C. 5005 et 
seq.],'' after ``Narcotic Addict Rehabilitation Act of 1966,''.
    1972--Subsec. (a). Pub. L. 92-255, Sec. 402(a), required 
establishment in hospitals and other appropriate medical facilities of 
treatment and rehabilitation programs for drug addicts and other persons 
with drug abuse and drug dependence problems where sufficient need for 
such programs exists.
    Subsec. (c). Pub. L. 92-255, Sec. 402(b), added subsec. (c).
    1970--Subsec. (a). Pub. L. 91-513 inserted provision for voluntary 
submission for treatment of persons with drug abuse and drug dependence 
problems.
    1966--Subsec. (a). Pub. L. 89-793 designated existing first and 
second sentences as subsec. (a), substituted care and treatment 
provisions for persons who are civilly committed to treatment or 
convicted of Federal offenses and sentenced to treatment under the 
Narcotic Addict Rehabilitation Act of 1966, addicts who are committed to 
custody of Attorney General pursuant to provisions of Federal Youth 
Corrections Act, and addicts convicted of Federal offenses and who are 
not sentenced to treatment under such Act of 1966 for prior care and 
treatment provisions for addicts who have been or are hereafter 
convicted of Federal offenses, deleted language for care and treatment 
for addicts who are committed to the Service or to a hospital thereof 
pursuant to section 260a of this title, and provided for care and 
treatment at places other than hospitals of the Service where authorized 
by other provisions of law and for conditional release of patients and 
aftercare under supervision.
    Subsec. (b). Pub. L. 89-793 designated existing third sentence as 
subsec. (b).
    1956--Act July 24, 1956, required the Surgeon General to furnish to 
the Commissioners or their designated agent, the name, address, and any 
other useful information relating to persons who voluntarily submit 
themselves for treatment and who, at the time of submission, are 
residents of the District of Columbia.
    1954--Act May 8, 1954, inserted in first sentence reference to 
addicts who are committed to the Service or to a hospital thereof 
pursuant to section 260a of this title.


                    Effective Date of 1986 Amendment

    Section 22(b) of Pub. L. 99-646 provided that: ``The amendment made 
by this section [amending this section] shall take effect on the date 
the amendments made by section 232(a) of the Comprehensive Crime Control 
Act of 1984 [Pub. L. 98-473] take effect [Nov. 1, 1987, see Effective 
Date note set out under section 3551 of Title 18, Crimes and Criminal 
Procedure].''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable 
only to offenses committed after the taking effect of such amendment, 
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date 
note under section 3551 of Title 18, Crimes and Criminal Procedure.

                          Transfer of Functions

    Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions 
of Board of Commissioners of District of Columbia transferred to 
Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 
of 1967. Office of Commissioner of District of Columbia, as established 
by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. 
L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and 
replaced by office of Mayor of District of Columbia by section 421 of 
Pub. L. 93-198, classified to section 1-241 of District of Columbia 
Code. Accordingly, ``Mayor'' substituted in subsec. (b) for 
``Commissioners''.
    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees of Public Health Service, 
and functions of all agencies of or in Public Health Service transferred 
to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 
1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.


                            Cross References

    Third party tort liability to United States for hospital and medical 
care, see section 2651 et seq. of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3441 of this title.
